president obama changing his tune last night. >> if there's one thing that has unified democrats and republicans and everybody in between is that we all hated the bank bailout. i hated it. you hated it. it was as popular as a root canal. >> reaction to the speech pouring in this morning. we'll bring it to you. >> meanwhile, call it b-i-o-b, blame it on bush. did the president use that governing tactic last night? you betcha. how many times? we'll tell you. we're going to report, you're going to decide, b-r-i-a-n. >> thank you. maybe the 70 minute speech is a little too long. it certainly was for a senator. don't you yawn at home? i'm watching. slogan this hour comes to us from ray in lafayette, louisiana. they tell it like it is with nothing to hide.

"fox & friends" reports, you decide. >> well, if you are just waking up, we've been on tv for an hour already! >> don't know what you've missed. >> this is the post-game show for last night's extremely long state of the union address. >> now it's turned into a pregame show for the rest of the year. >> because if you missed it, we have all of the highlights for you, president obama made the case for his 2010 agenda in his first state of the union address. at the top of his ambitious agenda was, of course, creating jobs. then fixing health care and going after banks. fox's molly henenberg is live in the white house with more on the president's message. hi, molly. >> hi, allison, steve and brian. the president will go to tampa, florida today to announce that $8 billion of stimulus money is going to high speed rail

projects in florida, california and elsewhere, part of his overall focus on jobs and the economy and those topics made up 2/3 of his state of the union speech last night. the president touted efforts so far from the stimulus bill and tax credits to help people who are struggling in tough economic times but he wants the government to do more. >> but i realize that for every success story, there are other stories. of men and women who wake up with the anguish of not knowing where their next paycheck will come from, who send out resumes week after week and hear nothing in response. that is why jobs must be our number one focus in 2010. and that's why i'm calling for a new jobs bill tonight. >> the president also called for some of the bank bailout money, $30 million that big banks have repaid to the government to go to smaller banks to get them lending to small businesses. he also urged congress not to

walk away from health care reform. he said "let's get it done." he said if critics don't like it, come up with something else. >> but if anyone from either party has a better approach that will bring down premiums, bring down the deficit, cover the uninsured, strengthen medicare for seniors and stop insurance company abuses, let me know. >> the republican response was that the newly elected governor of virginia, bob mcdonald who said the government simply tried to do too much. he says americans want affordable health care but don't want uncle sam running it. he voiced concern about overall spending in washington. >> the amount of debt is on pace to double in five years and triple in 10. the federal debt is now over $100,000 per household. this is simply unsustainable. the president's partial phrase announced tonight on

discretionary spending is a small one. the circumstances of our time demand that we reconsider and restore the proper limited role of government at every level. >> on social issues, the president said he would work with the military to end don't ask don't tell for gays this year. the republican senator john corning calls that "social engineering." back to you guys in new york. >> as you look at that shot right now -- >> of molly? >> as you look at the shot of the president of the united states and behind him, you have nancy and joe. did you notice how joe coordinated his tie with her suit? >> much like you've done with mine this morning. >> and as for -- remember yesterday at this time we told you about how patty power, that irish betting on-line service, odds were that the president would wear a red tie. and we tried to make sure that that would happen in our conversation yesterday with robert gibbs. ladies and gentlemen, red tie.

>> we made a sfwlzillion dollar pour it right back into the economy. >> it's our own stimulus project. >> did you notice a few times nancy pelosi got up and he's like can i stop? >> again, nancy? i didn't notice that because i couldn't turn away from the glare of his smile. he was so enthusiastic and smiling but, you know, you sit back there because you have to be alert and enthusiastic throughout the whole speech and he did that as did nancy pelosi throughout the whole thing. >> i will say this, considering 15 million people were watching, he was great. he delivered the speech, he reacted to how the republicans were not reacting at times. and others would. it was not easy. and even though that is his forte, i thought he was excellent last night. >> a lot of people expected him to pivot. how many times yesterday did we hear, the president had that trouble with health care. it's not going anywhere. he'll have to pivot and turn

more towards the center. he did not pivot towards the center on health care. that's back. cap and trade, that's back. and then there were a number of times where he talked about stuff as if, wait a minute, i'm doing one thing, even though i said something else. here's a little soundbite regarding earmarks. >> tonight, i'm calling on congress to publish all earmark requests on a single web site so the american people can see how their money is being spent. >> wait a minute, he's talking about earmarks. last year -- >> talking about joe biden. >> he was like -- she's up again. >> last year, the president had the chance to do something about those 8,570 earmarks that totalled $7.7 billion. did he do anything regarding that? he signed the bill. >> the omnibus spending bill. >> where's the transparency on that? >> it's interesting. they flashed john mccain during that part of the president's speech and he was clapping with a lot of gusto because, of

course, that's always been his issue. >> he doesn't take earmarks. >> he's turned down earmarks so that he spoke about that afterwards. let's listen. >> we lost elections in virginia, new jersey and massachusetts all of which he actively engaged in and yet, it is the same rhetoric about big government health care takeover, more spending. the same thing and, of course, there has been no outreach to republicans. i mean, and that's just a fact. >> that was off big spending. same thing. that's what all the republicans said afterwards, more big government, more spending. that's what they heard. >> right and, you know, the president says i'm going to be meeting with congressional leaders and congress on both sides. in fact, i'm going -- i was invited to the retreat, republican retreat. i'll go through tomorrow and he had some fun with that. but one thing that happened about midway through the speech and dare i say i was surprised? color me naive. >> ok. >> i did not think the president was going to do this. he said, let's just remember

what i got when i walked in the door. what i had is after eight years of tax cuts, unfunded prescription drug plans and two wars without financing, i found myself in a mountain of debt essentially but what he also found was 50 plus months of economic growth going into that. he also found between 5% and 7% unemployment. president bush had under 5% during those times. he also found the situation where the chairman of the new york fed became his treasury secretary and he was all part of the big business and the american economy during the previous years. and he also now along with keeping the secretary of defense, he also kept around ben bernanke whose financial policies and adjustments is something that was very prevalent along with alan greenspan during all of bush's years. how upset can he be about the bush policies if he's keeping the architects in place? >> he's very upset. in fact, he continued to bash bush extensively last night. here's a little montage. >> one year ago, i took office

amid two wars. so i supported the last administration's efforts to create the financial rescue program. at the time i took office, we had a one year deficit of over $1 trillion. most of this was the result of not paying for two wars, two tax cuts, and an expensive prescription drug program. all this was before i walked in the door. if we had taken office in ordinary times, i would have liked nothing more than to start bringing down the deficit. but we took office amid a crisis even after paying for what we spent on my watch. we'll still face the massive deficit we had when i took office. the problem is that's what we did for eight years. >> i'm not interested in relitigating the past. so let's put aside the schoolyard talks about who's tough. let's reject the false choice between protecting our people and withholding our values. let's leave behind the fear and

the vision and do what it takes to defend our nation and forge a more hopeful future for america and for the world. >> saying i am not going to further question the christmas bomber because that would be against our values. >> no. what it is is he's trying to explain away why he is where he is right now in the polls which is historically low. >> right. >> look, but all this bad stuff happened before i even walked through the door. >> but he's been saying that for a year. he's saying that's giving context to remind people of what he inherited but it is pretty amazing, i think, that his advisors keep allowing him to do this same narrative when so many polls and americans have said, please stop. the past administration is over. let's move on. one thing about last night, i thought, it was -- there was some funny moments. there was some levity. yes. >> intentional? >> yes, the one about i didn't like the bank bailout. you didn't like it. it was about as popular as a root canal.

that got a few chuckles. >> i don't know. at one point, harry reid thought he should be snoozing. take a look at this. >> 300,000 are teachers and other education workers. tens of thousands are cops, firefighters, correctional officers, first responders. >> you can't have a yawn under -- >> i blame dick durbin, he was very boring and he's sitting next to him. one other thing, they have all three branches of the government right this there in one room. right before him is the supreme court. watch justin sam ilito shake his head that the president is getting it all wrong after the president lectures the supreme court. >> last week the supreme court reversed a century of law that i believe will open the floodgates for special interests. including foreign corporations to spend without limit in our election.

>> you couldn't see with your bionic eyes, he mouthed the words "not true". >> au >> alito. >> he was with the president. for him to dis them in front of it. >> there's more happening this morning. new video into the fox newsroom. secretary of state hillary clinton in london this morning attending an international conference on afghanistan. the conference comes as afghanistan's president, karzai says he's willing to talk to taliban leaders if they're willing to renounce violence but on their web site, the taliban says it rejects any reconciliation plan. an amazing rescue. 15 days after that horrific earthquake in haiti. a 17-year-old girl is pulled alive from the rubble of a

college building. she was rushed to a nearby hospital and is being treated for severe dehydration. relief workers say they're dangerously low on food supplies. there are some reports of violence as starving haitians lined up at checkpoints to got a bite to eat or a drink of water. and there's more trouble for toyota. the company is expanding its recall over problems with the gas pedals to europe now. also this morning, toyota included another one million vehicles in the recall in the u.s. toyota has stopped selling eight very popular models here. the gas pedals can get stuck apparently. to see if your car is affected, go to foxnews.com. there's all your headlines. >> coming up, the president laid out a plan to create jobs across the country and in florida by building a high speed railway but the people in florida don't want it? we'll talk to three of them to find out why straight ahead. >> then apple unveils the highly anticipated ipad. does it live up to the hype? or tech guru clayton morris will be out here all hyped up. [ male announcer ] introducing the all-new lexus gx.

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>> after a late night, president obama and vice president biden hitting the road after the state of the union holding a town hall in florida tonight where they're expected to make a major announcement. our next guest are all florida residents and join us now with their reactions to last night's speech. lany wade is a college student attending the town hall tonight. jim mcdougal is a retired c.e.o. of two publicly traded companies and is now the chairman of the

free enterprise nation. and down at the end, we have dale mallick, a concerned florida resident. both he and his wife are unemployed. dale, let's start with you. you and your wife are unemployed. didn't you move from somewhere else to go to florida with the hopes of getting a job? >> no. actually, we moved from dallas area to florida and i actually had a job that i had to work from my home and we were just here a month and i received that phone call that my services are no longer needed by my employer. >> that's exactly right. so you moved from texas to florida to work and then the rug was pulled out from underneath you. did the president -- did he seem to be talking to you, sir, regarding jobs? did you hear something that gave you hope that you're going to find a job? >> no. unfortunately not. the president's speech primarily was focused on infrastructure

jobs, manufacturing and i'm in the i.t. industry and i feel that i'm still on my own to find a job and i'm hoping that some of the things he's putting out there will give businesses more incentives to hire people like myself. i don't think any of his programs will directly impact me at this point. >> jim, you've run a couple of businesses. did you find his address last night to be business friendly? >> no, not at all. what i saw was him promising to give everybody more money. giving students more money, more student loans. it's going to have more federal government programs. he never mentioned the fact that social security is bankrupt and there's a huge problem. didn't even mention it. wasn't on his radar screen. so we didn't see any correlation between what he was talking about and what we think it's going to take to make the economy take off again. >> jim, yesterday, "the wall street journal" reviewpreviewed fact that the president was going to talk about tax cuts on

capital gains for small businesses. is that a step in the right direction? >> it's a microstep in the right direction. problem is when you have $3 trillion in debt in over two years that you have no idea how you're going to pay back atop of another $14 trillion and you're going to give more money away and you have no idea who is going to pay for it, it just isn't true that taxes aren't going to go up. taxes are going to have to go up everywhere and then he's going to introduce cap and trade which is another tax. >> now, landy, we want you to weigh in on the other side of this time-out. we mentioned student loans and you're going to the event tonight to listen to the president and vice president. so guys, stand by live down there in florida as we continue our panel on what they want to hear from the president and vice president tonight. meanwhile, has jay leno talked to conan o'brien since he wound up taking back his "tonight show" job? he answers that and more on "oprah." we got a little sneak peek. stick around. boys, welcome to the trump dome.

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>> let's tell another one million students that when they graduate, they will be required to pay only 10% of their income on student loans. and all of their debt will be foregiven after 20 years and forgiven after 10 years if they choose a career in public service. because in the united states of america, no one should go broke because they chose to go to clenl. -- college. >> all right. we're continuing our conversation with three people who are down in florida, president of the united states is going to have a town hall today on the noon hour. that last comment was directed at you. you're an 18-year-old college student studying political science down there in florida. i bet you liked what the president had to say regarding student loans last night. >> yes, i did. i think he outlined good --

excuse me. we have -- by only having to pay 10% of the student's income, it's really going to -- when a student first gets out of college, starts getting a job, they earn the minimum base of a salary. so only having to pay 10% is how they're going to stay and not get financially sunk. >> right. and landy, generally, what kind of a grade would you give the president of the united states for his performance and his message last night? >> well, last night, i would give him an a. this past year, it's been a b. we saw a different president of the united states last night. he came out strong as a leader. we didn't really see that this past year. >> all right. jim, you're a retired c.e.o. you've run a couple of businesses. what kind of a grade would you give the president of the united states? >> i'd give him an a on speech giving and a d on results and plans. he's just disconnected from reality of the trillions of dollars of debt that he's building up and he has no possible way of paying it and saying that nobody is going to have to pay. don't worry about it.

we'll keep giving everybody more money. he just isn't on the same planet that the rest of us are on. >> dale, what kind of grade would you give the president? >> i'd split the difference. i'd give him a b. he's our leader. we expect him to lead us and he's realizing that he's made -- needs to make some adjustments in that area that so he's going to be our leader and now we need for our congress to do the legislature and make some laws and to govern and do their jobs as a team. >> right. >> i mean, that's the one thing that i hope we'll start to see coming forward in the next year. >> well, a lot of people feel the same way, dale. and interestingly, you know, it seems as if ever since scott brown up in massachusetts, health care is suddenly on the back burner but i know you, sir, dale are concerned about health care because right now, you found yourself out of work, both you and your wife, and you are terrified about what's going to happen when your cobra runs out, if your cobra runs out. do you really want government involved in your health care?

>> well, my situation is i'm not sure what else to do. my insurance is tripled under the cobra program. it will triple again before cobra runs out. and at that 18 month point, if my wife and i don't have a job with benefits, we are not going to be able it get health care. we've got a number of -- we have a number of issues that will prevent us from being able to get health care at an affordable rate so we are terrified that if at the 18 month point that if we don't have something else happening, we're going to be in trouble financially at least. >> i alluded to this a moment ago. when the president and vice president come down to florida, they'll be announcing an $8 billion high speed rail program. you know, you're a guy who was tasked with creating jobs. is that going to help us? is that going to create jobs for people like dale who are out of work? >> well, what the president didn't say is that in january, he signed an executive order

that the government can require anyone who does a contract with the government for construction of 25 million or more, the government can require that they and all their subcontractors be unionized. i'm very suspicious when the government says we're going to provide huge contracts, that it's not just a way to force unionization over a population that's rejected it over the past several decades. >> you might wonder whether or not there's more down the pike. the president did last night talk about a big jobs program that he would like congress to get on his desk promptly. all right. landy wade, jim mcdougal, and dale malleck, gentlemen, thank you all for joining us today from florida. >> thank you. >> all right. good. why don't you guys email us right now? grade the president on his state of the union address. meanwhile, everybody is talking about scott brown's victory in massachusetts. i mentioned it just a moment ago. even the president mentioned it. wait until you hear what he said last night. then ranks are not being listed

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>> state of the union ended about seven minutes ago. it was not beneficial for the president to be on that late if you have to be up at 5:00 in the morning. i'm not complaining. i just found the speech and the topics riveting. one topic that i was looking for the entire time was how the president was going to handle losing the 60 vote major majority, the major majority that he had that basically would

have allowed anything that he wanted to ram through along with his democratic colleagues is now by the boards because of the victory of scott brown in massachusetts. was it inevitable? was scott brown too good to be stopped? or was this a -- was this a loss because martha coakley was not a good enough candidate? >> so the president did bring that up last night but for as seismic a shift as that is in the senate, he made a fairly passing reference to it. take a listen. >> i will not give up on trying to change the tone of our politics. it's clear that campaign fever has come even earlier than usual but we still need to govern. >> ok. there it was if you missed it, that was about scott brown. he didn't mention him by name. >> right. but he said the republican should not be the party of no and he called them out there. that's relatively an old line that he was using at a time he

wanted people to come together. >> meanwhile, while the president simply alluded to the senator-elect from the commonwealth of massachusetts, rahm emanuel, his chief of staff went right out and used his name in an interview before the speech. listen to this regarding whether or not they could have, the democrats, won that seat. >> there's no doubt in my mind we could have won that race. i think that in a period of time between her winning the primary and us getting a phone call to get involved, we were immediately up there with whatever resources they asked for and more. >> so i don't understand what he's saying. they could have won it but didn't get the phone call. nobody raised the red flag soon enough to say martha coakley was in trouble. who is he saying is responsible? >> senator menedez was in charge of getting more democrats into the senate so he should have put up the flag. the other thing that the chief of staff was missing was the fact that he gets the news every day. he gets the newspaper delivered. maybe to his front doorstep.

everybody knew this was a 30 point margin to a nine point margin to too close to call and the president waited until sunday to show up. by then, it was too late. >> the tide had already turned. martha coakley's people sent out a note saying we don't know what the white house was talking about, we've been sending them polling information ever since early december. that was more than a month before that fateful election in massachusetts. >> all right. well, the president has been in office for more than a year. but organizing for america, that's the community organizing arm of the d.n.c. is still in full election mode. they held a state of the union watch parties, actually, all over the country. and peter doocey was at one of those parties in chicago. peter joins us now. what was the party like last night, peter? >> well, aly, it was at a bar which was nice. i was there to work. i took the opportunity to go and ask the president's hometown crowd, how is he doing? not just on the speech that they would normally have football playing on at this bar we were at, joey's brick house in the

lakeview neighborhood of chicago, how is he doing not just in the speech but since he's been president? and i think you'll be surprised at what some of them had to say. watch this. >> speaking as a democrat but i think he's more comfortable as a campaigner, a speech maker, a rallier rather than a policymaker. >> i kind of thought he didn't meet all the expectations he, you know, i thought that he would. >> how do you think the president did? >> the president did fine. i think that a lot of the things that he's done, he needed to do and i mean, if he hadn't done these things, people would just be more upset than they are now. >> i think he did really well considering, you know, what he -- what kind of issues he's inherited from, you know, since he's taken office. >> i think you could pretty much say his first year has been a colossal letdown. but maybe that's what had to happen so we can get back to work. >> i think he really needs to focus on the unemployment crisis, speaking personally.

you know, i've been unemployed for five months and still looking so either that or he can give me a raise. >> obviously, there were disappointments but i think overall, i have to tell you, i'd hate to trade places with him. i think he did as best he could under the circumstances. >> there's a lot of people that wouldn't have been able to pull together the same sort of strong course, the same strong message that our president has been able to do. >> what do you think of the state of the union is right now? >> the state of the union is exhausting. >> they didn't seem too exhausted last night. they were all clapping and cheering throughout the speech especially after a few cocktails but as you can see, it seemed like they were a lot more excited about the state of the union address than they were about year one of the president's administration. guys? >> all right. >> it sounds like you got a good variety actually of people. everybody had all different opinions pretty much. >> and i think that particular

event was organized -- that's true, peter. that event was organized by moveon.org. >> i believe so. >> peter, thank you very much for that live report. >> thanks, peter. >> all right. 22 minutes before the top of the hour. let me tell you what's happening in the news right now. new york state's top official says the subway system is a terror target eight years after 9/11. he complains upgrading security and surveillance system is taking too long, costing too much. in fact, he says some of the work is so far behind schedule, it will never get done. lockheed martin was supposed to finish the job more than a year ago but now wants out of its contract. >> meanwhile, brian, two iranian activists who led anti-government protests after last year's elections were executed this morning according to eye rairanian media reports,

are the first ones to be put to death since august. >> three of the four men accused of breaking into democratic senator mary landru's new orleans office in federal court. there are reports that four days before the alleged break-in, one of the men charged, james o'keefe spoke publicly about "a project" he was working on in new orleans but he would not elaborate. last year, he posed as a member in the hidden camera video that exposed some of acorn's practices. >> jay leno says he hasn't spoken to conan o'brien since the late night debacle began weeks ago. in a sit down interview with oprah, he said he wanted to let things cool down before talking to him. he talked about the digs they took at each other. >> things that he said about you hurtful? >> no, they were jokes. and that's ok. i mean -- >> so jokes don't hurt you? >> it's what we do, you know,

you can't -- it's like being a fighter and say when you got punched in the head, did it hurt? well, yeah, but you're a fighter. that's what you do. >> ok. an interesting sidenote. nbc just picked up the pilot called "justice" from conan o'brien's production company. so there you go. no hard feelings. >> and now, brian kilmeade, keep reading and now you have shifted -- you've taken off the news hat and put on the sports guy hat. >> i'm going to give you this story because you are such a tennis officiando all of a sudden since our chris evert stint down in florida. >> there must be hard names to pronounce. serena williams. >> i can do that. top seed defending champion serena williams has advanced to her fifth australian open final. williams defeated china's player, 7-6, 7-6. serena's service game, the real difference. she had 12 aces to leave single. she will face justine hennan. is it hennan?

serena has never lost an australian open ever. >> reaction to tiger woods from the p fwga tour another major b. this is according to tennis' biggest rival, phil mickelson. >> the game of golf needs him to come back fr. it's important for him to come back and be part of the sport. right now he has more important things going on in his life. >> tiger, of course, has been in hiding since admitting he cheated on his wife many times and he's given no indication as to when he'll return. right now, he's in sexual rehab and i think his wife met him there so they're trying to give him another shot according to "people" magazine. >> you seem to know a lot about this. >> yes, i do. it's the olympics. a different kind. the pig olympics only on "fox & friends" straight out of moscow. the annual olimpiad features racing, soccer matches and swimming. don't worry, peta, none of the piglets in these games are being mistreated. >> that's good. >> that's the only way soccer gets on our show.

a pig has to push it with his nose. >> did you see they are now upset about the groundhog? >> yes, they want -- >> they want to use a robot rather than punxsutawney phil. >> i agree. i would love to be able to put batteries in that and get him out on time. >> the man who knows a lot about r robo robots, some people have accused him of being one. i not steve jobs. steve jobs unveiled apple's highly anticipated i pad, the tablet computer, the company's c.e.o. is calling it a new third category of mobile device that is another smart phone nor laptop. what exactly is it? clayton morris joins us from san francisco. clayton, we're delighted to see you so early. our own resident robot. clayton, will this change our lives? >> allison, it's going to change your life. no, apple had to convince us that there was a product that could fit in between the iphone and a laptop. and they did that. they had answered three key

questions yesterday. steve had to show us whether or not we could actually afford this device. so at a starting price point of $499, that same price as the kindle d.x. it also had to answer the battery life. if we're going to be using this thing to consume books, sit on the couch, watch movies and all this sort of content, the battery life had to be great. it's 10 hours of battery life and it has to fit in that sweet spot between these two devices and do things that both of these two devices couldn't do. it answered that question for me. and i know there are a lot of cynics out there but i think this is the first generation device and it's really exciting and you, too, allison would buy something like this and put it in your purse. >> cool. >> i think it's -- i think that it's a little too big to carry around in my purse all the time. it's like half the size of this laptop. but i do like it, clayton and you have sold me. i'm going to try it. bring it back, if you don't mind. >> expensive. >> how much? >> well, it starts at $499 and one of the really exciting things for you guys, aly, needs

to get on the book writing bandwagon. we haven't seen any of these publishers come out with what's on this thing yet. imagine writing your book with this device in mind and imagine having a video of what you're describing on the other page right next to it so you're describing growing up with peter and how he was messy around the house and then you have a home video from 10 years ago right there on the other side of the page that plays, you know, brian imagine the same thing with a story about joe montana in your book. you get to see how -- >> focus on peter. >> you get to see a catch next to the speech. >> you're right, clayton. that will be fwrgreat for my te all book about you. >> please. clayton morris reporting live from san francisco where oddly, it is brighter in san francisco than it is in new york city. >> though it's 3:43. >> on the surface of the sun in here. >> meanwhile, coming up straight ahead, their ranks are not being listed on a memorial.

next, a man lost his son on this day and said this is a national disgrace. >> president obama stopped pushing hard for health care last night. should he give up and start from scratch? our medical a team on the case.

>> you remember, of course, on september 11th hundreds of first

responders ran into the burning building of the world trade center and never ever came out including firefighter jimmy riches jr. jimmy's family along with many others believed the victims would finally receive a proper tribute with the 9/11 memorial but they thought wrong. joining us now is jimmy's father, former fdny chief. thanks for being here. >> thank you for having me. >> tell us why it's so important to include, you believe, a victim's rank and age on this memorial which is not going to be included at the moment. >> not going to be included at the moment and we think that the ages should be there. there was eight children under 11 years old on the planes, you'll never know that. future generations should know what happened down there. we have memorials like the gettysburg, normandy, pearl harbor and the pentagon that have the ranks of all the -- of all the men there. we want people to know that, you know, my son ran into a building, if you put firefighter up there by looking at the wall, they'll know he ran into a building that had a plane sticking out of it and diesel fuel burning and he ran in there

and did it. no one has a right to take away the brave men and women, take away their rank and i'm sure mayor bloomberg is the one that's stopping it, i'm sure his name is going on there as mayor michael bloomberg. >> the organizers of this say that names will be arranged by organization. in other words, the victims from the same agency or unit will be next to their friends and colleagues. does that help? >> that helps, yeah, they wanted to put them up there randomly. i don't know what the experts were thinking with that. randomly? it was a planned attack. they should be up there with the men they were with. they should up there, father michael judge will go there as michael judge. not known as a priest that reached out to the archbishop timothy dolan he called the mayor. we reached out to senators and congressmen and they all believe with us. mayor bloomberg will not bend on this issue. we feel he's wrong on this. he should record history the way it happened. we have people on board like robert de niro, billy crystal, maybe they'll reach out because he's not listening to the families. this is what we want. they've earned that right. they spent many years studying

for these tests and it's wrong. and they said never forget on 9/11 and it seems like some have a short memory. >> tell you what the folks who have organized this 9/11 memorial say, here's their statement. they say similar to the largest firefighter memorial in america, the 9/11 memorial will honor the first responders without listing ranks, recognizing the heroism and sacrifice of the first responders, a dedicated section of the memorial will list their names together under heading with their names and units. again, you don't think that that goes far enough. what is it about your son that people won't understand? >> they won't understand that, you know, he was a firefighter there that day and that firefighter memorial, they're all down there because that's why they didn't put the ranks on there. that's an injustice to the families. i have to work seven floors below grade to find out he's a fireman. we said pcivilians, put bodies

there. everybody was treated the same. american flags, treated as heroes. we owe future generations to earn the right of what happened that day. the firemen and first responders went up to the building that was on fire when they got there. >> let us know what happens. keep us posted. we sure hope that you -- your son gets honored properly. thanks for being here. >> thank you very much. >> meanwhile, on a much lighter note, larry the cable guy is traveling the country to find out what's only in america and he's on the couch next hour to get it done and the democrats say they don't have the votes to pass health care reform but the president is not expecting that. >> don't walk away from reform. not now. not when we are so close. let us find a way to come together and finish the job for the american people. >> so back to the drawing board? we'll ask our medical a team next. ♪

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>> took a little while but president obama did bring up health care reform during his state of the union last night. listen. >> our approach would preserve the right of americans who have insurance to keep their doctor and their plan. it would reduce cost and premiums for millions of families and businesses. >> is that true? let's ask our medical a team to find out what they think the chances of getting medical reform passed. dr. mark siegel is here, dr. kumar is here and dr. samadi is all here. is that true? >> well, you know, look, i think as you saw -- >> from what you know, we know there's a senate and a house bill. >> i think most people still don't know what's in that bill and i think you saw from 10 days ago how it kind of like died. a lot of people think this has

gone to this side but i think they're still going to push for it. everyone is for covering more patients. i think that those ideas like making it competitive across the states, tort reform, better medical records. better coverage for the patients is what america needs and whether that's going to happen or not, we'll see. >> and doctor, that's republican issues and if those are involved, that's called bipartisan. do the medical community want to see something done? >> they want something done. they want it where it's fair to the patients and guaranteeing good quality of care. we want to make sure we're guaranteeing good quality care for everybody involved. we want to see tort reform. without tort reform, there's no health care reform. there's a ridiculous amount of money spent on frivolous lawsuits as well as on defensive medicine so we have to -- that has to be included in the bill. >> speaker pelosi said last night, we have to get this done. it does -- it doesn't matter how. we have to get this done.

>> you know something, brian? i think the american public is very concerned about the fact that a, the president is pivoting away from this. we're questioning his sincerity because he's been talking about this for a year. now he pivots away without any transition. obviously for political reasons and i don't think he's been listening to what the american public is worried about here. too much government oversight. insurance is going to be very expensive if we apply it to everyone. what about premiums? what about doctors dropping out? what about tort reform? none of these issues are being addressed. >> one thing he said last night, even as his no health reform, premiums are going to go up and more people will lose insurance as we continue to wait on health care reform. is that true? >> i don't know in that's true. we have 85%, we don't know, 85% are covered now. the question is how are we going to bring the other 30 million and that's a very complex issue that doesn't have the simple answer. i think everyone needs to really get together, involve the doctors. a lot of us are really involved in this first hand information with our patients. we hear from the patients and exactly know what they want so as long as -- if he brings

everyone on board, i think we would be able to come with some sort of compromise. >> thanks so much. >> thank you. >> all right. straight ahead, president obama bashing the bailout last night. he said it was like a root canal. michelle malkin has something to say about this. not root canal, the other thing. and turbo tax, tim, getting a grilling. >> you're punting the blame and i think you're trying to position yourself as this -- >> you don't know me very well. you don't know me very well. >> and yet, we're not getting the whole story. we're getting a lame story. >> that was wild. we'll have the highlights at the top of the hour. wow, that's a low price! wow, that's a low price!

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it's all right -- i love this channel. shopping less and saving more. now, that's progressive. call or click today. >> good morning, everyone. it's january 28th. here's what's happening at this hour. president obama says it's time for the banks to pay up. >> can afford to hand out big bonuses again. they can afford a modest fee to pay back the taxpayers who rescued them in their time of need. >> what do you think about that plan? michelle malkin is here with reaction to the president's speech. >> mayor of new york, promising that the terror trials will not be held in new york city. he's not for it all of a sudden. who else is vowing to keep them out? >> and funny man larry the cable guy tells us about his new laugh outloud funny comedy special and his upcoming show

highlighting america. he's going to be live on the show this hour, i believe. meanwhile, our slogan this hour comes to us from dan in arizona. pant around your waist, pants around your waist. i watch "fox & friends" because i got great taste. >> welcome to the show, everybody. thanks for joining us this morning. we -- if you couldn't stay up last night to watch president obama's speech. >> it was 4 1/2 hours long. >> no, it was 1 hour and 11 minutes. that's restrained. if you remember bill clinton went on longer. >> george bush's were generally around 50 minutes, though. so it went 20 minutes longer than normal. >> in any event, president obama laying out his goals for 2010 in his first state of the union address. at the top of his ambitious agenda, creating jobs. but he also acknowledged his first year did not go exactly as planned. >> no, it did not. caroline schively is live in

washington with what the president ha to say. some post-game reaction. good morning to you. >> good morning to you. it was a long one. it had 93 applause lines and covered a heck of a lot of ground. the economy took up the most time. the president called for financial industry reform including eliminating capital gains taxes on small business investment. giving tax breaks for new equipment and cutting tax breaks for companies who send jobs overseas. >> the house has passed a jobs bill that includes some of these cuts. as the first order of business this year, i urge the senate to do the same and i know they will. they will. >> people are out of work, they're hurting. they need our help. and i want a jobs bill on my desk without delay.

>> and the president continued his campaign against big banks saying he knows a bailout was as popular as a root canal and he said it's too hard for small businesses to get loans. here's his proposal. >> tonight, i'm proposing that we take $30 billion of the money wall street banks have repaid and use it to help community banks give small businesses the credit they need to stay afloat. >> and here's a bit of a surprise. with the recent body blows to health care reform, we expected a major pivot away from that topic. president told lawmakers to keep at it. >> this is a complex issue. and the longer it was debated, the more skeptical people became. i take my share of the blame for not explaining it more clearly to the american people. and i know that with all the lobbying and horse trading, the process left most americans wondering what's in it for me? >> his republican response, lieutenant governor bob mcdonald

said while americans want health care that's affordable, they don't want government in front of you. back to you. >> thank you very much. michelle malkin has opinions like this, like state of the union addresses. she's live in colorado to tell us what's happening. michelle, what's your take, first off, welcome to the morning. what's your take first off as the president saying some of this was my responsibility. do you agree? >> well, it was, but then in the same breath, he went on to blame everybody else. i thought it was bizarre how he kept referring to washington. apparently, somebody hasn't reminded him of his own address which is washington, d.c. and has been for the last year. >> yeah. >> and i think that the speech was full of self-contradiction, self-serving and self-delusion. >> well, and he did -- he did do some -- not only some bush bashing that we did chronicle earlier but he took some shots,

michelle, at the g.o.p. now that they've got 41 votes in the u.s. senate. listen to this. >> and if the republican leadership is going to insist that at 60 votes in the senate, are required to do any business at all in this town, a super majority, then the responsibility to govern is now yours as well. just saying no to everything may be good short-term politics but it's not leadership. we were sent here to serve our citizens, not our ambitions. >> you know, for a while, he was defiant and other times, michelle, it struck me as he was almost lecturing the republicans and congress on, come organizationon, i got great ideas, pass them. >> yes, i would describe that little passage there as snity and i think that was his little welcome to scott brown, obvio obviously, now being the 41st vote to kill obama care.

i thought that last -- that last little rejoineder that we were sent there to serve the citizens, not ourselves, really reflects a lack of self-awareness of this man who has done nothing but pursue his ambition by any means necessary over the last year. >> michelle, he got a big round of applause when he talked about going after earmarks and making them more transparent and, of course, the irony is that congress loves the earmarks. they're the ones that put them in the bills. listen to what he had to say and i'll get your response. >> tonight, i'm calling on congress to publish all earmark requests on a single web site before there's a vote. so that the american people can see how their money is being spent. >> good idea. >> and i say once again that obama lied and transparency died because the theme over the last 12 months has been how this administration has been -- done nothing but subvert transparency. every time that they get caught subverting it, here he is to

trumpet out a new web site. forget about a web site. have the cameras from c-span in the back rooms when they're talking about the most giant earmarks of all. those bribes and those payoffs in the health care bill. >> reality is that the president did fall on his sword for no reason. it's not that he didn't communicate health care reform. he didn't write the health care reform. he spoke over 400 times and dozens of times about health care in particular but all the other stuff, congressional legislation took place behind closed doors. that's what we needed to see. in terms of the earmarks, 870 omnibus bill, i don't know where those are, he was not happy about it. he did sign it. now he's saying he's intending to veto it should it come down the pike again. >> yeah. you know, everyone expected it, all sorts of pivoting like a figure skater to happen. but no, this guy was full steam ahead like a downhill skier with no turns and twists. just straight ahead, full steam

ahead and it really was like a time warp which is why i call this the baraki horror picture show because what is the difference between last year? you compare it. there's no sense of change. he's -- he proposed all of those huge government interventions that he wanted from last year. and in some cases, he recycled ideas that he's already passed including gender equity pay. he signed an act a full year ago and he's dragging it out again. >> one other thing, he did say last night that two million americans are working who would have been unemployed and they're on track to add another 1.5 million by year's end. on your web site, you have a link to an a.p. story that has some fact checking on whether or not some of this stuff is true and the a.p. says that apparently, back in december, the white house came out and said that they had created or saved 650,000 jobs.

not two million and then the c.b.o. in november says it's impossible to determine how many the reported jobs would have existed in the absence of the stimulus package so they don't really know but we did hear a number last night. >> yeah. it's more fuzzy math and i think that the white house response to all of the criticism, not just from right wingers and not just from fox news and talk radio but from mainstream outlets like the a.p., "the washington post," "usa today," shows you how tone deaf they are. bill burton was on a radio show and i featured the audio on my web site yesterday complaining that these criticisms were petty. when people were questioning all of the white house estimates of jobs created by the stimulus. >> we'll find out how they think about it, the president told the democrats don't run for the hills. you're here to lead. the man who is in charge of

getting more jobs in senate will be here shortly. he's the d.n.c. chair and in the house. mayor bloomberg is the latest democrat/independent/sometimes republican to jump offer the president's bandwagon when it comes to bringing the terror trials to new york. yesterday, he let the president have it. listen, it's going to cost close to a billion dollars over the next couple of years. he's out of there. >> yes. i think this is a wake-up call as well because, of course, he had championed it before. and i think one of the reasons why they're having a wake-up call in new york city is because of a terror trial debacle that's going on right now. it involves a suspected terrorist, an operative who had gone on the lam after september 11th. she was an m.i.t. trained microbiologist and she's using the civilian court process right now to make a huge mockery of the rights that have been afforded her. this woman had been captured in

pakistan, attempted to shoot american soldiers. and is now carrying antics and outbursts, anti-semitic, anti-american, two jurors had to be dismissed because there was a man in the audience threatening him. and this is just a glimpse of the future of what we're going to get times 10, 50, 20. >> she's been tossed out a few times. here's senator lindsay graham talking about prosecuting. >> i'm not worried about prosecuting. there's plenty of ways to prosecute these guys. i'm worried about know what the enemy is up to. we blew a great intelligent gathering opportunity. if we continue down this war, we'll get this country attacked again. >> there we go. we'll talk on this topic with form are new york city mayor rudy giuliani coming up in the next hour. michelle malkin, thank you very much for joining us today from colorado springs. >> thanks, guys. >> thanks, michelle. i have the rest of your headlines for you and we start with incredible news out of haiti. there has been a rescue 15 days

after that devastating earthquake. a 17-year-old girl was pulled alive from the rubble. she was rushed to a nearby hospital and is being treated for severe dehydration. relief workers say they're dangerously low on food supplies. there are reports of violence as starving haitians line up at checkpoints trying to get a bite to eat or a drink of water. today, u.s. lawmakers will meet for a hearing on haiti's recovery and reconstruction. the question was direct. why shouldn't we ask for your resignation? republican congressman john micah grilling treasury secretary tim geithner about his role in the a.i.g. bailout while he was head of the new york federal reserve. geithner said he had nothing to do with the details. it's a $62 billion bill. congressman micah not happy with that answer. >> you're punting the blame and i think you're trying to position yourself as this -- >> you don't know me very well. >> the constitution and yet -- >> you don't me very well. >> we're not getting the whole story.

we're getting a lame story. >> i was there. i know what i was responsible for. i take full responsibility and i take great pride in those judgments. >> republican congressman of california is not satisfied either and says geithner should have known why the new york fed was so adamant about keeping some details a secret and a major international cyber security report will be unveiled today and there are some eye opening and troubling statistics. more than 54% of those surveyed in the study have repeatedly been cyber attacked by rival nations, organized crime gangs and terror groups. 33% say they are not prepared to deal with cyber attacks. the cost of the attacks, nearly $6 million a day. wow! >> no kidding. >> those are your headlines. >> straight ahead, we've been telling you about companies taking land away from regular people in cases of eminent domain. who are these companies exactly? what you need to know coming

next. >> this morning, we're getting it done with larry the cable guy. >> i got this one thing, i go well, they're pretty tough. i hung in them with pretty good. he's like you're an idiot. upbeat rock. ♪ singer: hello hello hello can anybody hear me? ♪ ♪ i know i know i know i shoulda gone to ♪ ♪ free credit report dot com! ♪ that's where i shoulda gone! coulda got my knowledge on! ♪ ♪ vo: free credit score and report with enrollment in triple advantage.

>> not. that's right. radical environmentalists scamming people out of their property under the guise of eminent domain. who are these people? what can you and i do to protect our private property? right now, we are joined by vice

president of the external affairs at the heritage foundation, becky dunlap. good morning to you. >> good morning. let's start by teaching people about land trusts. what are they? who create them? >> well, this is a legal entity that can be created by a group of citizens, private citizens and they form an organization that basically is like a corporation that's tax exempt and can take money from donors. or the government can create one and both exist in this country today. >> and a number of environmentalists have gotten together to form these land trusts and then people have wound up getting their land grabbed out from underneath of them. i was out in santa monica, california, over new year's and i know that this particular area has got a land trust. tell us a little bit about this one. >> well, the santa monica conser conservency is one that's been set up by the california legislature but it is controlled by citizens but they work very

close to the government and there are some cases in california where they, along with the federal government and state government agencies had decided they want people's land for a particular purpose. >> for instance? >> and then -- >> well, there's a fellow out there in the santa monica area that's owned a restaurant and the federal government and the state government and the santa monica conservency decided they needed to have access to part of his land to build a fish ladder and the -- there was a big debate about whether or not this would be useful or not. but the conservency was in cahoots with the government but government used their power to take this man's property. >> this started out as a group of private individuals, environmentalists, radical environmentalists some have labeled them. they said, you know what? we don't want that guy to have his proper. we'll try to grab some of it.

we'll use these laws, the land trust and they have done just that, right? >> it's a little more complicated than that, steve, it always is in these matters. the government is offering to pay this gentleman a certain amount of money but it's the land trust stepping up to the plate with the government. the federal and the state government that brings all of this power together to allow the power of eminent domain to be used against this individual. so the legitimacy is what are really given by the conservency in this case. >> it's just another way where people can grab our land and in this case, through land trusts. more information, go to heritage.org. right? >> look at the constitution, steve, that's what we need to get back to. protecting the property rights of american citizens using our constitution. >> there you go. all right. becky dunlop, thank you very much. >> thank you. >> it is 20 minutes past the top

of the hour. president calling out his own party last night. what does the head of the d.n.c. work? look at that, tim cane is sitting there and will be talking to us live in two minutes. and say it ain't so. could pants on the ground, pants on the ground be a ripoff? who is throwing around some serious accusations. that's coming up. [ nd howling ]

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>> president obama called out his own party last night. here's what he said to his fellow democrats. >> to democrats, i would remind you that we still have the largest majority in decades and the people expect us to solve problems. not run for the hills. >> here to react is the chairman of the democratic

national committee, tim kane. welcome. >> allison, great to be with you. >> so basically, he was saying it sounds like the democrats have not been effective enough at getting things done. what's your response? >> well, i think in particular what he was saying, allison, is don't let some recent electoral losses dissuade us from the duties of governing and continuing to produce results for the american public. the loss of the senate race in massachusetts last week caused some concern as it should. we got to learn lessons and we got to be strong but the president pointed out, we got 59 democrats in the senate. we haven't had that since 1979. and that means the burdens of governing on our shoulders and just as we did last year with equal pay for women or health insurance for more american kids or sonja sotomayor on the u.s. supreme court has to be about producing results and not letting an election that we didn't like back us off from that. >> i want to get to that

massachusetts election for a second. the president made only a passing mention of what really some see as a seismic shift, what happened in massachusetts. so let's listen. >> so no. i will not give up, i'm trying to change the tone of our politics. it's an election year. and after last week, it's clear that campaign fever has come even earlier than usual. but we still need to govern. >> was that just campaign fever or should he have gone a little bit farther to explain what happened in massachusetts? >> well, allison, i know this, the president takes it very seriously. i'm not sure the state of the union speech was the time to, you know, dissect the meaning of that election. i think what you hear the president say during the speech shows he's absorbing, you know, what he's hearing from american people. the focus -- primary focus on jobs and specifically on how our small businesses are doing. so strategies like using some of the tarp repayment money to get

small business lending going again, strategies like eliminating capital gains tax on small and startup businesses, this goes right at the core of how american job growth always happens from the small business side and i think some of that is what the president was absorbing in addition, he talked about frankly that, you know, the perception from outside washington is that washington is gridlocked and partisan and has a hard time making things happen and he challenged leaders of both parties, you know, to be about solutions and moving this nation forward in a time of significant national concern. >> let's talk about one of the solutions he proposed for jobs because what critics said last night is that this is the president doing more of big government and big spending to get us out of our problems. he talked about running a second jobs bill. asap. but some would say the first stimulus bill didn't create nearly as much jobs. why another one? >> well, talk about the first stimulus bill, allison. you know, i was a governor that had to write a budget before the

stimulus bill passed and i wrote it in 2008 and when the stimulus bill passed in 2009, i saw the before and after picture and in virginia and all other states, the before and after picture dramatically different. the stimulus bill is the reason that the g.d.p. is growing again. the stimulus bill is the reason that we're not losing 800,000 jobs a month like we were a year ago. we got it back to almost even. that's not enough. we have to move forward. >> unemployment is still in the double digits. it's gone up to 10%. >> it is. but, you know, we were -- again, we were losing 800,000 jobs a month a year ago and we're down to slight growth or losing, you know, 50,000, 60,000 jobs a month. that's still too much. we stopped an economy in freefall with that recovery act. now, to take issue with the other point, the jobs the president talks about is not big spending government. what he talked about was tax incentives for small businesses. we're going to use repaid tart money, the taxpayers' money that went to banks is being repaid to help small businesses with loans and then we're going to use tax

incentives, for example, the elimination of capital gains taxes on small businesses so those moms and pops startups, entrepreneurs, main street tech businesses, that's been the strength of the american economy and the president is focusing direct attention on how to have that continue to grow stronger and stronger as we move forward. >> last, governor, let me get you to weigh in on an actual number of jobs. last night, the president said because of the steps he had taken, two million jobs -- two million more americans are working now than would have been otherwise. the a.p., associated press, did some fact checking after the speech. they say the number is more like 600,000 on the low end or could go up to 1.6 million. is the president overestimating how the stimulus saved jobs? >> well, allison, i haven't seen the a.p. article but what i did see about a month ago, "the new york times" did a very extensive series on is the recovery act living up to how it was billed in terms of trying to

produce about three million -- produce or save three million jobs by the end of the recovery and the economists i talk to including some like mark zandy who had been advising the campaign in 2008 says g.d.p. is growing again because the recovery act is working as indicated. so, you know, are there -- do we want it to work quicker? absolutely. do we need to be stronger? sure, we do. but again, i've seen the before and after pictures as governor. governors and mayors know this is working. it's going to continue to work. that's why going into the spring and summer, we're optimistic about the direction of this economy. >> we really appreciate you coming on this morning. thank you. >> thank you, allison. >> all right. next up, how do american voters respond to the president's first state of the union? we have got their instant reaction. we'll bring that to you next. and then the president and the house speaker nancy pelosi apparently at odds on the spending freeze. why there's a rift when it comes to money for the military. and apple unveils the ipad but

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having to go in the middle of traffic and just starting and stopping. having to go in the middle of a ballgame and then not being able to go once i got there. and going at night. i thought i had a going problem. my doctor said i had a growing problem. it wasn't my bladder. my prostate was growing. i had an enlarging prostate that was causing my urinary symptoms. my doctor prescribed avodart. (announcer) over time, avodart actually shrinks the prostate and improves urinary symptoms. so i can go more easily when i need to go and go less often. (announcer) avodart is for men only. women should not take or handle avodart due to risk of a specific birth defect. do not donate blood until 6 months after stopping avodart. tell your doctor if you have liver disease. rarely sexual side effects, swelling or tenderness of the breasts can occur.

only your health care provider can tell if symptoms are from an enlarged prostate and not a more serious condition like prostate cancer. so have regular exams. call your doctor today. avodart. help take care of your growing problem >> see, hey, your shot of the morning right now, it is harry reid taking in the president's speech. and suddenly realizing, i haven't slept in close to six hours. i am exhausted. >> that's horrible! >> my life in nevada, i'm the majority leader and everybody is doing their own thing. evan bayh doesn't want health care. senator feinstein says put it on hold and the president keeps bringing it up. i'm so exhausted. >> that's hilarious. >> not any small talk for me. i'm forced to nod off. yeah. when is he going to let go? >> you really mastered his monologue. thank you. >> i just realized that he is wearing a tie that actually matches nancy pelosi's pantsuit

and joe biden's tie. they're all wearing purple. >> that's just when harry met salmonex. so there we've got some of the visceral reaction from harry reid. president obama's speech last night was aimed at, of course, unifying and re-energizing his agenda and america. but how do not politicians but real voters feel about what he had to say? our old buddy fox news analyst frank lutz was with a group of americans as they listened to the speech. frank? >> tonight was one of the most important speeches of barack obama's career. let's see how voters in the swing state of pennsylvania reacted to what he has to say. can you tell us what is your reaction? >> lot of new jobs offered and innovation. >> there's a lot of hope in the air. i really felt very positive. >> great packaging but there's nothing behind it. what he says is totally

different from what he does. >> he sounded really good but he hasn't followed through yet on what he promised us the last time he sfopoke. >> all form and no substance. >> i think he did a great job. i think he did well. >> i think he was inspirational. >> disingenuous. he criminalizes bankers and wall street but doesn't say anything about acorn. >> i thought it was game changing. i think he finally is focusing on what americans want. >> regardless of whether you voted for him, how many of you had a -- he performed better than what you expected, raise your hands? about half of you. how many of you say he performed worse than what you expected? only one of you. so that's pretty good. he's probably going to get a decent bounce. i'll give you a shot. why are you the only one out of this group who said he did worse? >> it's more he talks the talk, but he doesn't walk the walk.

it's the same thing from the -- he raises expectations from the campaign. but it doesn't follow through in the reality. >> bernard, did he deliver for you? did he talk about what you're looking for? >> i think he delivered and i mean, he sat down the plans for the next -- next year and we have a lot of problems that need serious solutions so it's up to congress to deliver. >> did you hear those solutions tonight? >> yes, you did. >> did he deliver for you? >> no. >> why not? >> i can't believe he has tunnel vision without health care and he's going back to something that was just defeated by the 41st senator. >> 59 people support it. >> not for long. >> not in country. >> it was completely vague. i don't know anymore about how he's going to govern in 2010. there's no substance there. it's all inspiration. it's all vague. >> disappointed, i'm a physician he claims that physicians tell him that we need this health care reform. i think everything he said about health care is totally off base

and wrong. >> how many of you are at least a little more optimistic that 2010 will be better than 2009? raise your hands. about half of you. how many of you think 2010 will be even worse than 2009? about half of you. wow. we're a divided country. this is the divided group. such an important swing state. let's see what happens. back to you guys. >> all right. frank with a focus group in pennsylvania. >> quite a cross section. >> meanwhile, you probably heard that there's been a lot of tension on capitol hill lately. >> what do you mean? >> similar to here. no, supposedly, nancy pelosi is angry at the white house. the white house and harry reid are arguing. rahm emanuel is in the middle and now nancy pelosi and the president seem to have a very substantial difference on this proposal of freezing discretionary spending. >> right before the state of the union, this statement comes out and here's the quote. i think there is going to be a spending freeze, she says, it

should be across the board. that is to say we all want a strong national defense and we want to fund it in an appropriate way but we're not here to protect defense contractors and the fact is that if we have to cut spending, we should cut every dollar with the same scrutiny. that means unlike the president, she says let's cut defense. >> right. >> so that is unbelievable. right before he's trying to unify the country in his state of the union address and that may be what he's alluding to because evidently, his speech was late in getting together. still putting it together. maybe he was alluding to, time to run for the hills. doesn't start abandoning me and the party. >> she also said there must be some room to cut 5%. that's a lot. and that flies in the face of what the president said last night. so david axelrod, one of the president's top thinkers had this response. remember, he can't be too hard on nancy because the president needs her. >> we can't do it at a time when we're in two wars and we have a very determined enemy in

al-qaida. we can't stand down. we have to make sure that we have adequate defense. >> so the white house would disagree with this speaker on that particular -->> i haven't heard what the speaker had to say. i'm not going to get into a debate with the speaker but the freeze that we're recommending is for discretionary spending. >> and it kicks in next year. although when the president described that last night, it got a gaffe from republicans because he had made the case, if we're in a desperate situation, why does it kick in next year? >> let me tell you the rest of your headlines. two iranian activist who's led anti-government protests after last year's elections were executed this morning. according to iranian media reports, they are the first known opposition leaders to be executed since august. five others are facing a death sentence. >> brian? >> thanks, steve. the -- on behalf of allison. the funeral of nancy kerrigan's

father will be held today. a wake was held last night. they said daniel kerrigan died after a violent struggle with his son mark. family members say he died of an unrelated heart attack. authorities are waiting on test results. they may not find him guilty of murder. >> stand by. meanwhile, hundreds of illegal aliens with phony i.d. apparently got past t.s.a. agents across the country. get this, the story came to light days after a terrorist tried to blow up an airplane on christmas day. earlier on "fox & friends", a counterterrorism expert said he was not surprised. >> i imagine pretty prevalent on the whole. if you look at number of illegals in the united states, many of them are traveling on airlines and at least some are using fake i.d.'s, not uncommon. the answer is to find some way to uniquely link an i.d. to a person. it has to be with some sort of biometric data. >> seems simple enough. to link an i.d. to a person, he says that would require embedding fingerprints and eye scans on a card and using machines that can cross check

that information. >> steve jobs revealed the highly anticipated apple i pad. he calls it a new third category of mobile device. something in between a smart phone and a laptop. here are the details. it will cost you between $499 and $829. it has up to 10 hours of battery life. how important that was. it's only 1/2 inch thick. it weighs 1 1/2 pounds and among its features, i book which work just like itunes. the ipad goes on sale in a couple of months. brian? >> right now, the biggest controversy of the day. pants on the ground may be america's hottest ground right now. did the general -- he is a general, steal it from somewhere else first? who can forget the general's version? >> ♪ pants on the ground pants on the ground looking like a fool with your pants on the ground with the ♪ >> now, they are saying "pants on the ground" sounds a lot like their own back pockets on the

floor from the 1990's. listen. >> ♪ cat turned backwards on the floor what's up you know you know working around here with their ♪ >> but the green brothers say they have no ill will towards him and want the world to hear their song, too. >> it does sound very similar, i'd say. >> i was in elementary in seventh grade and my music background leads me to believe these are totally different songs. this is near duo looking for the same publicity that the true general brought to the national stage on "american idol." >> coincidence? >> i think not. >> they're both about pants, too. >> on the ground. >> there you go. straight ahead on this thursday telecast, the president making a stunning move last night calling out the supreme court for its decision on campaign finance. one justice sam alito screen left responded. he didn't like what the president said. >> and larry the cable guy is ready to party. how you can join him for a rowdy

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>> want me to go out smarter than a fifth grader. good lord. i got sent back in fifth grade so many times, i drove the rest of the class to school with me, for god's sakes. >> that's from the new comedy central special "larry the cable guy tailgate party." and larry joins us this morning wearing the exact same thing. hi. >> what's going on with you? >> this is a different shirt. that was a different red. the striping was different. >> i didn't realize that. >> i wore my church shirt today. >> good morning to you. >> good to see you. it's nice to come class this show up a little bit. >> i know. it's fantastic and you just took care of the green room. >> yeah. >> that's right. >> what's your approach, larry, to the tailgating industry? and why did you decide to tackle something so controversial? >> well, i like beer and pickup trucks. >> that's fantastic. is that good? let me just say this, may be the

last time i get -- last time i was here, i was here during your fashion week. >> that's right. >> you know, which is good for me because you can tell by me, i keep a sharp eye on that stuff and i love going to fashion week. i actually went because i like to go to fashion week and i like to sit in the front row with the loaf of bread and feed the models when they go by. >> fantastic. >> i enjoy that. >> i bet i went through a whole slice that week. >> whole slice. >> that's some skinny women. i've thrown fish back that weigh more than those women do. i mean, seriously. it's unbelievable. >> but they're very attractive women who are very driven women. >> yes. oh, yeah. the models -- remember a long time ago when they had the kate moss controversy that she was doing the cocaine controversy. >> right about that. >> somebody showed me a picture of that. i remember on -- they sent me, it was on the internet. and i'm like what? i couldn't figure it out and he pointed out that she was the thin, white line on the left.

>> oh, man, man. >> he's taking -- >> you're insulting. it was a joke about how thin the models are. that was the thing right there. let me -- can i say one thing? >> you've already said a lot of things. >> well, i got to get this joke in, though. i went out to eat last night and the service was horrible. i'm not going to mention the name of the place. >> ok. >> all right? rhymes with hennington's. no, i'm just kidding. my waiter had on a what would jesus do bracelet and i got to thinking to myself, well, i bet he would have brought my appetizer out about an hour ago. let's speed it up! >> there was no appetizer at the last supper. let's talk super bowl. you have a tailgating d.v.d. >> that's right. it's unbelievably good. >> i'm actually in this d.v.d.

>> what do you think, new orleans against the colts? >> you know what? i'm a packer fan. i was out of it so i really don't care who wins because i'm a packers fan. the thing that irritates me about the super bowl is the commercials that they run. i want to watch the game and these commercials take forever. like last year, that super bowl went down to like, what, the last 12 seconds before you knew who was going to win. that was a good super bowl. those idiots showed a victoria's secret commercial with four minutes left in the game. i missed the rest of the super bowl. can you believe that? >> not going there. >> it's unbelievable. i bet they love these commercials and it gets me -- i don't know if you've seen this commercial on and i hope i don't irritate you because somebody always gets mad at me because somebody sponsors something. >> could be. >> not anymore. there was a commercial and i got to tell you, i thought it was a funny commercial because they

was like, if you have a hyundai and you lose your job, they'll buy the car back from you. and i got to thinking, that's pretty cool but the bad part of that is anybody that's got a job ain't driving a hyundai. >> without a job and a resume at home with transportation. >> check it out. premiering sunday at 9:00 eastern, 8:00 central on comedy central. larry the cable guy's tailgate party. >> get er done. it's really good. you're going to love it. 53,000 people at this. >> fantastic. >> am i done already? >> you're done. >> thanks, larry. >> he's done! >> coming up, it took about a minute for the president to blame president bush last night, senator john mccain will be here live with a reaction. and then -- >> something not expected. the president making a shocking move and calling out the supreme court! one justice gave right back to him. it was a very awkward moment. >> bit off more than he could chew. ighly trained specialists.

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>> the answer to the question of the day, elijah wood. the winner is sonja reed. six minutes before the top of the hour. president made a point to attack the supreme court's decision on campaign finance reform. did you catch that? he did it during state of the union speech last night and one high court justice, samuel alito appeared to mouth his response. take a look. >> last week, the supreme court reversed a century of law that i believe will open the floodgates for special interests. including foreign corporations. to spend without limit in our election. >> not true. fox's legal analyst peter johnson jr. is here. that landmark decision we'll break down some other time. what about samuel alito going after the supreme court and his reaction? >> what about samuel alito? what the president did, he attacked republicans. he attacked democrats.

he attacked congress. he attacked cable news. he attacked banks. he attacked corporations. and he attacked the supreme court. and judge alito who participated in the majority on that opinion had, i think, a natural reaction and it appears that he said "not true." he didn't jump up. he didn't scream out. he didn't disturb the decorum of the event. but there's a history of this, president obama is following the example of president roosevelt and president roosevelt's state of the union back in the mid 1930's,' tack he attacked the s court and developed a plan where he wanted to appoint a new supreme court justice for every supreme court justice over the age of 70. and he took it to the supreme court when the supreme court was trashing his new deal program. >> i was stunned he was taking on the supreme court there that's supposed to be -- we have a balance of power situation. he's doing it to their face. meanwhile, from the vice president of the united states a short time ago, here is vice president biden.

>> the president didn't question the integrity of the court or the decisions they made, he questioned the judgment of it. here we are for the first time in over 100 years, a corporation with an individual and free speech. the problem is these multinational corporations are run as much by foreign interest as domestic interest. for the first time, you'll have foreign corporations being able to contribute hundreds of millions of dollars to determine the outcome of an election in the united states of america? i think it's outrageous decision. >> peter, you think he questioned the integrity of the court? >> the vice president admitted that the -- that they questioned the judgment of the supreme court. what is the difference? are we going to have political debates at 9:00 in primetime for the state of the union where the president has an opportunity to one by one cherry pick the decisions of the supreme court? does john marshall mean

anything? does marbury vs. madison mean anything? does the rule of the law mean anything? is the supreme court just another fall guy in this almost demagogueic approach where we talk about anger and cynicism and distrust and disappointment and point to venues and point to sectors of our society that are responsible for that? what was judge alito to do? isn't that a natural reaction? if you're sitting in the supreme court, in the hall of congress last night, brian kilmeade, and the president makes a frontal assault on your judgment, your effectiveness, your application of the constitution, what are you going to do? do you sit there like a puppet, like a dummy? you know, and let me tell you one thing, some years, no supreme court justices go. one year, i think it was the year 2000, none of them showed up for president clinton's state of the union. do we want to keep these folks away? do we want to make it uncomfortable for them to be there? >> the only ones that didn't have any type of reaction were the military. >> it has an effect.

>> we'll talk about this. we have to actually break down the decision of what it means and that's a little bit more complicat complicated. always great. >> good to see you. >> we bit off as much as we can clue there. >> absolutely. >> straight ahead, don't miss our next hour. as senator john mccain, karl rove, they have a lot to say about the president's speech and this guy named rudy giuliani reacts to president obama in less than 10 minutes. less than 10 minutes out of -- less than 10 minutes out of 70 talking about national security. he doesn't like that breakdown and john stossel says the food police are out to get us again. does the government really care about us? or do they just want to make more money? aying ) someday, cars will be engineered using nanotechnology to convert plants into components. the first-ever hs hybrid. only from lexus. at world record speed. i'm luke myers. if you want to be incredible, eat incredible.

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the next generation of brink's home security. call now. good morning, everyone. it's january 28. president obama laying out the state of the union and calling out his critics. >> if anyone from either party has a better approach that will bring down premiums, bring down the deficit, cover the uninsured, strengthen medicare for seniors and stop insurance abuses, let me know. >> senator john mccain says he's been offering a up ideas for months. we'll ask him why he hasn't told the president those. >> he is indeed. the mayor of new york city now saying he does not want the terror trials in the big apple. >> it would be great if the federal government could find a site that didn't cost a billion dollars, which using downtown

will. >> he is not alone. former mayor rudy guiliani thinks it's a bone headed idea. he will be with us live. >> he's just three years old, but he's a giant hero. wait until you hear how he saved his grandmother's life. >> the slogan this hour from jim in texas. i always turn on "fox & friends" well before dawn while watching up on the news, i never ever yawn. >> sorry harry. >> this is larry the cable guy, you're listening to my friends over at "fox & friends." if you're not listening to them, then you're a communist and you need to leave the country. >> a little strong. two minutes after the hour. >> thank you for joining us this morning. so much to talk about. president obama made his case for his 2010 agenda in his first state of the union address. molly henneberg is live at the white house with what the president had to say. bring us the headlines. >> reporter: good morning. the president will be in tampa today talking jobs and job creation. he'll be announcing where more

of the stimulus money is going. this the day after a state of the union address where two-thirds of it was focused on jobs and the economy. the president touted efforts so far through the stimulus and tax credits to help people struggling with these tough economic times. but he says he wants the government to do more. >> i realize that for every success story there are other stories of men and women who wake up with the anguish of not knowing where their next paycheck will come from, who send out resumes week after week and hear nothing in response. that is why jobs must be our number one focus in 2010 and that's why i'm calling for a new job bill tonight. >> reporter: the president is also calling for some of the bank bailout money. $30 billion, big banks paid back to the government. he wants that to go to smaller banks so they can in turn start lending again to small

businesses. the president urged congress not to give up on health care reform. he said he should have done a better job of explaining it to the american people and he told congress, quote, we're so close. let's get it done. >> by the time i'm finished speaking tonight, more americans will have lost their health insurance. millions will lose it this year. our deficit will grow. premiums will go up. patients will be denied the care they need. small business owners will continue to drop coverage all together. i will not walk away from these americans and neither should the people in this chamber. >> reporter: newly elected virginia governor bob mcdonnel gave the republican response. he said that the government's trying to do too much and that americans do want affordable health care, but don't want uncle sam running it and he says it's time to, quote, restore the limited proper role of government at every level. >> many americans are concerned about this administration's effort to exert greater control

over car company, banks, energy, and health care. but overregulating employers won't create more employment, overtaxing investors won't foster more investments. top down one size fits all decision making should not replace the personal choices of free people in a free market. >> reporter: on social issues, the president said he would work with the military this year to do away with the don't ask, don't tell policy for gays in the armed forces. the president says it's, quote, the right thing to do. but arizona republican senator john mccain said with the u.s. fighting two wars right now, now is not the right time to, quote, abandon that policy. back to you guys in new york. >> all right. thank you very much for teeing it up. joining us live from washington, d.c. is senator john mccain. good morning to you, sir. >> good morning. how are you? >> fine, thank you very much. molly touched on it. explain your position on don't ask, don't tell, why it's a bad idea for the administration to rescind that. >> it was a policy developed in

the clinton administration. general colin powell was one of the major factors. it is working. we have the best trained, best equipped, most professional military in two wars. i spend a lot of time with the military given my position on the armed services committee and background and the fact is that it is working and the majority of members of the military find it to be working and in the middle of two wars, to change a policy of this sweeping nature, i think would be a serious mistake. >> senator, i saw you clapping with what i thought was particular relish last night when the president brought up earmarks. let's play a little bit of what the president said and get you to respond. >> tonight i'm calling on congress to publish all earmark requests on a single web site before there is a vote so that the american people can see how their money is being spent. >> what do you think of that?

>> i think it's amusing. so we'll take care of the earmarks and corruption by putting it on a web site. what the president should have said is i'm going to veto any bill that comes over with these corrupting earmarks and pork barrel projects which ballooned our deficit and then soundly reject it by the american people and corruption. i mean, i was almost entertained by it because the fact is that the earmarking on the bills last year were in the tens of thousands. 9,000 on one bill. 5,000 on another. and it's got to stop. we know it breeds corruption. but most importantly, how can we continue to afford to expend taxpayers' dollars on irritable bowel syndrome? >> got me thinking it's somewhat

offtrack. there was a poll that asked people, what do you think of the president's proposals? 83% of the country said, hey, they sound good. now what about is president obama going to be able to accomplish any of the goals he laid out? about half said yes. 42%. for the most part, what the president outlined, was it pie in the sky or is some of this stuff doable? for example, health care. can they bring it back and get a republican vote and push it through? >> well, let me say a lot of the assistance for small business i support and is overdue and i would love to see some of that done. i'm sure we can. obviously the president missed -- or did not understand the message of the massachusetts election. it was about a great candidate named scott brown and it was about health care and the american people overwhelmingly want it stopped and go back to the beginning. when the president said, if anybody has got an idea, et cetera, et cetera, we've been

talking about medical malpractice reform, going across state lines for insurance policies, reward of wellness and fitness, all kinds of proposals which have been rejected out of hand by the democrats and the white house. so to say that there is nobody with -- if you got a better idea, we've been talking about it for months on the floor of the senate. medical malpractice reform can save hundreds of billions of dollars. >> senator, when the president said, if anybody has any good ideas, let me know, i thought it was amusing because i thought about you because just a day or so before we were told that apparently he was going to unveil a across the board spending freeze. during the campaign, you were for the spending freeze. he told you that that was a dumb idea. now as it turns out, he was against it before he was for it. >> that's true. but the interesting thing is that he's talking about a freeze

in 2011 of some $15 billion that could be saved by his version of a spending freeze. and then immediately pivoted to another, quote, jobs bill, stimulus bill, 80 billion, 100 billion, whatever it is, and i mean, you just can't make it up. >> let's talk about jobs and those in arizona, which we know you know all too well. the company that the president talked about last night, the company in arizona that got $100 million federal dollars and then created 15 jobs in 2009, 27 jobs in 2010, tell us more about this. >> well, we had not heard about it until his speech last night, so we're looking into it. but my understanding the facts are basically yours. we have now got into a position where there is a $40,000 debt for every man, woman and child in america and the spending is

out of control, the chinese own $850 billion of our notes. look, we've got to get spending under control. line item veto. many other things are necessary and senator evan bayh and i proposed a package day before yesterday that should be implemented. we've got to get spending under control. >> all right. before you go, what kind of grade would you give the president on the speech last night? >> well, the president always gives an eloquent speech and i admire that and appreciate some of the proportions of his speech, particularly where small business is concerned and try to do a better job on job creation, but the substance of it, frankly, i think shows that he really is not -- has not heard the message of virginia and massachusetts. >> he'll pay the price in the polls and maybe november if that's the case. great having you on.

have a great day. >> thank you. >> the rest of your headlines. we start with some amazing news out of haiti. there has been an incredible rescue and it happened 15 days after that devastating earthquake. a 17-year-old girl was pulled alive from the rubble of a collapsed college building. she was rushed to a nearby hospital and being treated for dehydration. >> that's a miracle. >> it is a miracle. relief workers say they're dangerously low on food supplies. there are some reports of violence as starving haitians line up just to get some food and water. today a senate panel will meet for a hearing on haiti's recovery and reconstruction. the question was very direct. why shouldn't we ask for your resignation? florida republican congressman john mika grilling geithner about his role in the aig bailout while he was the head of the new york federal reserve. geithner said he had nothing to do with the details of the $62 billion deal. congressman mika was not happy with that answer.

>> you're putting the blame and i think you're trying to position yourself as -- >> congressman, you don't know me very well. >> and yet we're not getting the whole story. we're getting a lame story. >> i was there. i know what i was responsible for. i take full responsibility and great pride in those judgments. >> republican congressman of california says geithner should have known why the new york fed was so adamant about keeping some of those details a secret. those are your headlines. >> it's the way of washington politics, back door deals. one law maker says he's sick of it and looking for a change. he will join us next. >> the feds want to try five alleged 9-11 conspirators just blocks away from ground zero. a huge backlash. mayor rudy guiliani joins us. >> there are a lot of other reasons why he would make an excellent governor.

he took on the tradition "sopranos." he had a quick chat with the president of the united states. that's bill right there. that's the president shaking his hand before the state of the union. pascrell says he's fed up with the arrogance he sees with some of the democratic leadership and all the closed door dealings and the congressman joins us live from our nation's capitol. good morning to you, sir. >> good morning. how are you?

>> i'm doing okay. let's start with what happened last week in massachusetts. you say that that was a clear message and if we didn't get the message from massachusetts and we didn't get the message from the commonwealth of virginia and new jersey, we're in trouble. >> yeah. i really believe that. i think there is an arrogance and there was that we blame, point fingering and our party needs to be united come the fall elections. but the nation needs to be united right now. we don't do the nation any good by simply dividing amongst ourselves. so i'm speaking out. i spoke out, as you well know. sometimes i do and sometimes i don't. you usually know where i stand. i'm not going to hide my feelings about it. i think that the massachusetts debauchle was clear indication and for anybody to say that when they understand what we're doing, they'll support us, that

is the height of arrogance. that, to me, indicates that a on in the public. i think the president struck a very, very important note last night, steve. that is he admitted, boy, that should be refresh to go all of us. we make some mistakes, he makes some mistakes. i think in overassessing where we were, i think the president has plenty of time. democrats, does my party have plenty of time between now and november to get things back together? i think personally we do. >> you know, it's interesting because so many people yesterday, before the speech, said, the president is going to have to pivot toward the center. he's going to have to acknowledge health care didn't work out, we're going to move on. but he's pushing full steam ahead on health care and full steam ahead on cap and trade, which you know, that was probably dead six months ago. >> well, certainly the senate has put many of those

initiatives under the rug. the president outlined them last night, the house voted on many things and the senate has not. there is no question in my mind that last night we did see a pivot, moving from four fifths of the discussion on health care to maybe health care being two fifths and the rest of it job, job, jobs, which we should have been doing all along, steve. no question about it. so do we have time to recapture the initiative? i believe we do. >> real quickly, on a scale of 1 to 10, how angry do you feel the electate is toward washington? >> i think the president was very clear last night. on a scale of 1 to 10, i'd say about a 6. that's not very good. they need confidence in something. you know what happened last night, steve? i think that the president became the father of the nation. that's what it's all about. it's not just statistics, it's not pointing fingers, it's not initiatives. the president has to give people

confidence that we can do better. we can. we are number one. we're going to continue to be number one. >> all right. a democrat from the great state of new jersey, in fact, his district is right next to mine. thank you for joining us. >> nice talking to you. >> straight ahead, karl rove has seen a few state of the unions in person, in his lifetime. there he is right there. he's going to give us a review of the president's first state of the union coming up next. nobody messes with jack bower on "24." in real life, keifer sutherland got duped big time for big bucks. find out how, straight ahead. involves moola. hmvjd1á?jt

it is 24 minutes after the hour. here are your quick headlines. the death toll from yesterday's building collapse in belgium now up to nine.

a gas explosion gutted the five story apartment building. a police officer says the search for more bodies had to be interrupted because of fears adjacent buildings could collapse as well. it's reported "24" star is the latest victim of a ponzi scheme involving cows. he lost $869,000 in a scheme to buy cattle in mexico and then sell them in the u.s. >> it will take him an hour to make that back. >> meanwhile, come on. we've been on live since 5:00 a.m, okay? 25 minutes after the top of the hour. last night he urged bipartisanship during his address. the president took several opportunities to blame both the bush administration and republicans and congress for the problems america is facing. is this what he considers reaching across the aisle? >> joining us right now to talk about that, whose book is available in a preorder situation, 'cause i follow him on twitter, karl rove, former

senior advisor to george w. bush. is it good politic, mr. rove, to bring up your predecessor and talk about your first year in office while looking back at his last year in office? >> no. i think it makes you look weak. americans want their president looking forward and when you keep saying i inherited these problems and he did it, though there was one grace note. before president obama has taken it upon himself to say, i rescued all the banks. despite the fact that he voted for the bank rescue bill under bush and bush put out $240 billion to the banks and obama only put out $7 billion, last night was the first time that the president said, you know what, the previous administration started this, you all hated it. we all hated it. it was a root canal. what was interesting was this is one of the contradictions. he then went on to say, that bank bailout was a root canal, so let's have another $30 billion root canal by taking some of the profits that are coming back from the bank loans and putting them out to other banks. there is a little contradiction. there were a lot of those last night in the speech. >> carl, you say that you think

the speech was written in a hurry and it showed. how? >> well, it was not clear what he was recommending. for example, in the section on trade, he said, we're going to double trade and we need to do it by building a closer relationship with panama, south korea, and columbia. those are three countries with whom free trade agreements are pending before the government. president has taken 11 months, 12 months and he has yet to call for -- to say he supports the passage of those free trade agreements. was he for them or against them? and we saw a lot of that last night. he said, we need to have a freeze on federal spending. but not until next year. he said, we need to get rid of the partisanship. in a paragraph that occurred after one where he took the two by four to the republicans. so there were lots of contradictions in the speech and i think i've checked off i've given two-thirds of this over to jobs, i've checked off the trade thing, i've checked off education, i got an energy paragraph. it was like -- but at the end of

the day, it really didn't have much substance to it. >> you mentioned him taking the two by four to the republican leadership. he also completely dissed the supreme court, which was sitting right there in front of him and brian had a great segment with peter johnson, junior about that. we've got a sound bite where he goes after and lectures the gop bosses. listen to this. >> and if the republican leadership is going to insist that 60 votes in the senate are required to do any business at all in this town, a super majority, then the responsibility of the government is now yours as well. just saying no to everything may be good short-term politics, but it's not leadership. we were sent here to serve our citizens. not our ambitions. >> okay. so what's he saying there? is he saying, when we had the super majority and we could have passed anything, we didn't. but now we actually need you to get some stuff done? >> there are a couple of

contradictions. first of all, isn't it amazing that a guy who has overwhelm majorities in the house and the senate blames the minority for his failure to get his program through? i mean, that's one thing. second of all, he has made no effort to reach out. yesterday he had this extraordinary statement by the republican leader in the house who said he has not talked to the president's chief of staff in a year and has not been contacted by the white house for months and months and months. we know there has been no serious conversation with the president and his people and the republicans about including republican ideas in health care discussions. the president said you're the party no. this is his famous straw man argument. you guys are only -- you're for nothing. wait a minute. they've laid out a series of propositions, started with tort reform, allowing people to buy health insurance across state lines. a whole bunch of ideas that the administration stiff armed and ignored and yet the president last night basically said, you know what, i was overwhelming

numbers of my own people in congress have been unable to get a bill done and it's your fault. one last point. it was ironic. this was a guy who was one of the 40 democrats who blocked reform of fannie mae and freddie mac when he first came to congress and saying, shame on you for insisting that you have 60 votes to do important things. he was part of that in blocking an important reform that could have kept the crisis from happening. >> you have a lot of opinions about all 100 something minutes. thank you for joining us. we look forward to talking to you again. >> thank you, brian. and thanks for the plug for the book. five bucks will be in the mail. >> you got it. coming up straight ahead. >> the president talked a lot about jobs last night. perfect timing, because in two minute, the new unemployment numbers are about to be released. >> the president also talked about fiscal responsibility, but will he put his mouth where his money is? our next guest, get ready for presidential gimmicks. >> and then a three-year-old hailed a giant hero.

>> what's wrong? >> mama sick. >> what's wrong with her? >> her blood sugar. >> her blood sugar? >> yeah. >> what every parent should teach their child.

this is a fox news alert. the u.s. labor department is just out with its weekly jobless claims. 470,000 of them. that's down 8,000 from last week. but it's 20,000 more than anticipated. a mixed result there for you. >> more news for you. angry parents in massachusetts confronting school officials two weeks after 15-year-old girl committed suicide. she was allegedly bullied at school and on-line. numerous parents telling stories of their children being hounded and harassed at the school. the superintendent says two students from the high school have been disciplined.

others may also be. the governor wants a bullying prevention measure to be passed. more trouble for toyota. they are recalling world wide now, the recall is expanding to europe and china starting today. they are recalling over 75,000rav4 vehicles in china. also this morning, toyota included another 1 million vehicles in the recall in the u.s. apparently gas pedals have been sticking, causing the cars to accelerate fast going forward. that is bad. toyota has stopped selling eight very popular models to find out if your toyota is affected, go to our web site, foxnews.com. >> three-year-old new jersey boy is being hailed as a hero. he called 911 when his grandmother had a seizure. luckily he was smart enough to ask quick -- act quickly and pick up the phone. >> what's your emergency? >> hi. mama sick. >> what's wrong? >> mama sick.

>> what's wrong with her? >> blood sugar. >> her blood sugar? >> yeah. >> okay. how old are you? >> three. >> three? >> uh-huh. >> jaden's mom taught him how to call 911 days after. doctors say if help arrived a few minutes later, his grandma may have died. she is expected now to be okay. >> that's why it's so important for parents to teach their children how to dial 911. a lot of people say, dial 911 and somebody looks at the phone, there is no 11. so teach your kids to dial 911. >> president obama had to rewrite his speech after scott brown won the senate seat formerly held by ted kennedy. it gave him 59 votes in the senate. a lot of people were speculating perhaps the most poignant moment was when the president would have to acknowledge in some way, shape or form the impact brown's election has made.

here he is. >> so no, i will not give up on trying to change the tone of our politics. i know it's an election year and after last week, it's clear that campaign fever has come even earlier than usual. we still need to govern. >> that was about it. keep in mind, in karl rove's column, he said after george w. bush lost the senate, lost the majority in the senate, they passed no child left behind. they cut the budget in half, and they also passed some other reform. they were still able to get things done. so it is indeed possible. >> well, the whole scott brown thing really -- it stopped health care in its tracks. it had been like a run away train until scott brown came along and suddenly, everybody is going, maybe we shouldn't vote for this, we might lose our job. extraordinarily, rahm emanuel said that as it turns out, you mow what, we really could have won that seat for martha

coakley. listen to this. >> it is no doubt in my mind we could have won that race. i think in a period of time between her winning the primary and us getting a phone call to get involved, we were immediately up there with whatever resources they asked for and more. >> the coakley camp begs to differ. >> so take a look at some highlights that we want to show you from last night's state of the union. really the opposite end of the spectrum. one you could say is low energy, let's start with that. that's harry reid who needed to snooze a little bit. >> really? >> not exactly. >> we've got video. you see the president talk and then they cut away to the majority leader. go ahead. there he is. >> if he needed an energy boost, we have just this suggestion for him. >> that's right. he should just follow the leader, the speaker of the

house, watch how many times nancy jumps out. she's not doing pilates, she's doing pelosis. now queue olivia newton john. (let's get physical. >> we cut taxes for first time home buyers. we cut taxes for parents. >> she's jumping up. >> my favorite is when joe biden looks at her and goes, are you serious? are we going to do that again? >> we might have to zoom out. >> there we go. watch joe look over. nancy, no, no. i'm going to sit down. don't do it, woman! >> i wond for boehner is going to get up like this.

very nice. thank you for whoever put that together. it's 21 before the top of the hour. >> now the that he's delivered his first state of the union address, president obama is getting ready to present his 2011 budget next week. policy ryan says he has an alternative that will rein in government spending and rejuvenate our economy. the plan is called a road map for america's future. congressman ryan joins us now. good morning. >> good morning. how are you doing? >> doing well. thanks for being here. so the president last fight said, if anybody else has any ideas how to fix some of this stuff, please by all means come to me. you do have a plan. let's go through it. what would you do? the number one thing to start fixing the economy? >> number one, we should not be having all these tax increases. we should not create a brand-new health care entitlement with all those tax increases. what i'm saying is let's keep taxes low. let's reform our tax code and get tax liberation to small and big businesses to workers and

families and let's get a grip on ournbç spending. the problem we have is our debt is literally spiraling out of control. we've got to get our debt out of control and what i've shown here with a real plan, with real numbers, scored by the congressional budget office is we can turn this around. we can put a plan in place that fulfills the retirement security, which is the mission of these government programs, while paying off our national debt and making our economy competitive in a 21st century economy. it's a real plan with real numbers and that's why we're saying to the president, he knows we have these ideas. he keeps asking us for ideas. we send him ideas, but we have yet to receive responses from the white house on these kinds of ideas we've been proposing. >> one of the first things it sounds like you would do is make health care portable. >> we think people ought to be number one, able to buy insurance across state lines. you break up the state by state monopolies so you have real insurance competition. number two, we should end the tax discrimination on health care. people who don't get health care

from their jobs don't get the same kind of tax benefit from people who do. let's equalize the tax treatment of health care and let's delink that from your job and give it to your worker so no matter what happens, if you change jobs or lose your job, you ought to be able to have the same tax benefit to go purchase health insurance of your choice in any state of your choice. >> number two, medicare is a thorny issue for what to do about it. what's your suggestion? >> medicare is the biggest driver of our nation's debt in deficits. $38 trillion unfunded liability. what we propose is look, for people who are in and near retirement, people over age 55, it's too late to make changes to those programs 'cause they've organized their lives around them. so for people under the age of 55, convert the system to work like the one that i have in congress. we get a medicare payment that goes to me as an individual. it subsidized for low income people, even more. and it is what we call risk adjusted. as you get sicker, you get a better payment and use that to select among a list of medicare

certified plans. not unlike what we do as members of congress in federal employees. doing that according to the congressional budget office and the medicare actuaries makes medicare permanently solvent so we can solve these problems. the point i want to make is, if we keep kicking the can down the road, if we keep delaying these kinds of reforms, which protect those in a near retirement, we won't be able to do that much longer. the debt is going to swallow us and we're going to have severe disruptions and ugly reforms that are going to hurt people on these programs if we wait to get around to fixing these problems. if we don't tackle these problems now, they'll tackle us as a country. >> we're out of time. but now that the president said, look, i'm open to any suggestions. my door is open, are you going to go knock on the door? >> i've heard that three or four from the president. we will send him yet again this proposal and others we've been sending and hopefully this time he'll return our phone calls. >> congressman, thank you for coming on this morning. >> thank you. >> mayor rudy guiliani is here next. he'll let us know what he

thought of the president's speech and the feds' effort to hold terror trials just blocks away from ground zero. and the government thinks that you're too fat and they want to tax you for it. john stossel weighing in on that debate.

the government some would say, claims to know what's best

for you so they continue to slap big taxes on food they deem unhealthy, like twix. but is this good or your one way ticket to obesity? >> there is a fee on twix now? >> yes, there is. the food police. that's the topic of john stossel's show and he joins us live. good morning to you. >> i think you guys need some morning show police. >> what do you mean? don't we need the government to tell us that that kit kats cause skin problem as soon as. >> it's the endless nanny state. illinois has this tax on candy. then they have this debate, what's candy? hershey bar is candy. >> john, let me look at the other side of the argument. we really can't be trusted to make our own decisions about food because we're all obese. we've done something wrong. >> then that's an invitation for the state to come in and have exercise police who go to your house and make you run laps and do pushups. the state has an investment in your health, there is no end to

what they police. banning bake sales in schools, taxing food. think about the taxes. taxing soft drinks. calories, but orange juice and apple juice has more calories than soda. >> sure. all right. if john stossel ran the world, what would you do differently? >> i would leave free people alone and have government keep us safe from people who want to kill us. >> like underwear bombers. >> you brought up the fact that bmi, body mass index, doesn't really work. it's not effective. that tom cruz would be fat. >> no. >> is that right? >> as is arnold schwarzenegger is obese, according to this bmi that our own governor huckabee forced all arkansas kids to be tested for. >> really? >> yes. >> arkansas had a problem with obesity. so what's the solution to that? >> arkansas still has a problem with obesity and now these kids are being tested. i think the kids should focus on reading and writing. the idea that they can police

our weight, it's true, we're getting fatter. it's a good thing to worry about. it shows that we're a wealthy country. >> i'm very good -- the problem you two are having is you both identify obesity as a problem, but you're saying it's the individual and you're saying let the other people help you. am i right? >> yeah. i was asking what you would do about it. >> nothing. leave free people alone. >> free to be fat, free to be thin. >> we're living longer than ever, even if we're getting fatter. >> it comes down to personal responsibility ultimately. john stossel, watch him tonight at 8:00 p.m. on "fox business" network. thank you. >> and guess his bmi on e-mail. >> coming up, the guy you were sitting with in the green house, rudy guiliani. mike bloomberg does not want to see terror trials in new york city, finally. >> it would be great if the federal government could find a site that didn't cost a billion dollars, which using downtown will. >> he just figured that out. >> his successor, mayor rudy

guiliani, is here live with us. actually his predecessor, with his take on this. >> but in 11 minutes, america's newsroom starts with that man. what's happening? >> a big show this morning. great show for you. reaction on the jobs bill last night, the bank rules, sam alito reaction. we'll debate who is in the right or wrong with that statement about the supreme court. also the story, not getting a lot of attention. a egyptian girl, christian, pleading with the white house to save her family. what will the president do on this? we'll talk about that. see you guy, 11 minutes away.

lindsey graham thinks trying terrorists in criminal courts not a very good idea.

>> i'm not worried about prosecuting. there is plenty of ways to prosecute this guy. i'm worried about knowing what the enemy is up to. we blew a great intelligence gathering opportunity and if we continue down this roader criminalizing this war, we're going to get this country attacked again. >> what does rudy guiliani think? terrorists could be tried in new york city. i think i know what you're saying. >> i think it's one of the worst decisions he's made as president and he will change the decision. the longer he waits, the more damage he'll do to himself. he is going to change t. they're not going to try the people in new york. the cost of it is prohibitive. the risk factor that it creates is too much to really sustain. people won't allow it. he's eventually going to have to move the trial. he might as well do it right away. >> why did it take mayor bloomberg so long to come out against it? >> i think he wanted to be supportive and he looked at the fact that it's going to be a disaster for the city. the mayor estimates it will cost

$250 million a year to give these people rights they don't deserve. the real crux of this is, they should not be tried in civilian courts anywhere. they should be tried in military courts. we saw that mistake with the christmas bomber, almost bomber, who was being questioned, apparently they were getting actual intelligence from him, or at least that's what they say. why would you cut off that questioning? >> it makes no sense. >> the president last night in his state of the union speech ignored national security. one or two mentions of it. didn't talk about ksm, didn't talk about the christmas almost bomber, didn't talk about fort hood, didn't talk about gitmo, whether you should give people miranda rights or not, didn't talk about the promise he made a year ago to close guantanamo bay, which would have been several -- maybe he didn't want to mention that because he made so many promises in this one, he didn't want to show promises he broke from the prior speech. >> he did mention a little bit about national security. 70 minute long speech, i think

he might have tended to is seven minutes. here is a little of what he had to say. >> since the day i took office, we renewed our focus on the terrorists who threatened our nation. we made substantial investments in our homeland security and disrupted plots that threatened to take american lives. in the last year, hundreds of al-qaeda fighters and affiliates, including many senior leaders, have been captured or killed. far more than in 2008. >> there you go. another slap at the george w. bush administration. >> you know, the reality is, he spent something like a page and a half on what was a 14, 15 page speech on national security as if it's an afterthought. it was a footnote to the speech. it was in the -- the speech was running into going over one hour and people were starting to yawn part of the speech. national security is a lot more important. part of the problem this president has had is he hasn't made national security important enough. he began with not want to go call it a war, didn't mention the word war last night, didn't

mention islamic terrorism last night. this would be like roosevelt giving a state of the union during world war ii and not mentioning that word. >> what about, you gave a great speech over in utah, at one point someone asked you about running with mitt romney. is that something that's possible? >> all the mayors in utah. >> what's the answer? >> the answer is, i said to them, almost anything can happen now. who knows, who thought a year ago we would have the senate seat in massachusetts? you take it as we don't reject anything. but it's not a yes. >> former mayor of new york city, as we roll on for this thursday.

fearedly last night, the president of the united states lectured the supreme court. sam alito didn't agree, he mouthed not true. what do you make of this? >> it was an historic line the president in trying to embarrass the supreme court in front of that chamber. he misrepresented the opinion. >> we're going to find out what that opinion was in the after the show show. >> thanks so much. >> thank you very much for joining us. >> thanks for watching us. >> i'll see you next time. also our many guests, statued for the after the show show will be here. >> america's newsroom right now on the channel. so long.